Plaintiff
Defendant
Background:
In Shortreed Joint Venture Ltd. v. Echiford Guvi, the plaintiff, Shortreed Joint Venture Ltd., was involved in a 2008 property transaction. As part of a settlement following a foreclosure appeal, $400,000 was paid into court, which was later increased to $422,923.30 with interest. On October 25, 2012, the Minister of Finance issued a cheque payable to Shortreed Joint Venture Ltd. The cheque was sent to lawyer John S. Piamonte, who delivered it to the plaintiff’s realtor, Echiford Guvi.
Shortreed Joint Venture Ltd. claimed that Guvi fraudulently deposited the cheque into his company’s RBC bank account, Oasis Echo Realty Ltd., and misused the funds without the plaintiff’s consent. The plaintiff argued that Piamonte acted negligently by delivering the cheque to Guvi without proper verification of his authority.
Legal Arguments/Issues:
The key legal issue was whether Piamonte breached his duty of care as a solicitor by failing to verify Guvi’s authority before handing over the cheque. The plaintiff alleged professional negligence, claiming Piamonte’s actions fell below the standard of care required in handling trust funds. The defense contested the admissibility of an expert report provided by the plaintiff, arguing that it failed to meet evidentiary standards.
Outcome:
The court ruled the expert report inadmissible, but no final decision on the negligence claim or any award was mentioned in the document. No costs or awards were included in the provided text.
Court
Supreme Court of British ColumbiaCase Number
S179979Practice Area
Civil litigationAmount
Winner
Trial Start Date
Download documents